Commonality

Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend [Video]

by LXBN on 5/23/2013

It seems like have year has its definining Supreme Court class action suit—and this year it is Comcast Corp. v. Behrend. The ruling, which came down just a few weeks ago, makes it considerably more difficult for to certify...more

Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns

by Brooke Arena, Rachel Muoio, Julie Totten | Orrick - Global Employment Law Group on 5/23/2013

As employers welcome a new group of eager interns to their offices this summer, employers may be thinking about the recent wave of class action lawsuits alleging that unpaid internships violate minimum wage and overtime laws....more

Hannaford vs. comScore—Up and Down Results for Privacy Class Action Defendants

by Judy Selby | BakerHostetler on 4/16/2013

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs' lawyer to be more than a million...more

Did You Know…Class Certification Denied In Wang v. Chinese Daily News

by Veronica Gray | Nossaman LLP on 3/7/2013

In Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. ...more

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

by Elizabeth Braverman, Rodger Eckelberry | BakerHostetler on 2/21/2013

In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more...more

Domino's Pizza Drivers Fail to Deliver Common Circumstances to the Eighth Circuit

by Greg Mersol, Ericka Spears | BakerHostetler on 2/18/2013

Despite their work uniforms and company cars, pizza delivery drivers do not have much in common (at least according to the Eighth Circuit). Recently, in Luiken v. Domino’s Pizza, LLC, No. 12-1216, 2013 WL 399248 (8th...more

Dukes Dooms Domino’s Delivery Drivers’ Class Action

by Rodger Eckelberry | BakerHostetler on 2/14/2013

The Eighth Circuit recently reaffirmed one of the central holdings of Dukes v. Wal-Mart—commonality is no longer a “rubber stamp.” In Luiken v. Domino’s Pizza, a Domino’s delivery driver sought to represent a class of about...more

The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions

by S. Vance Wittie | Sedgwick LLP on 2/7/2013

One of the most famous questions in philosophy is “if a tree fell in a forest and nobody was there to hear it, would it still make a sound?” A similar question dominates the world of consumer class actions. If a product...more

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

by Jason Guyser, Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...more

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more

A “Sea Change” In Florida Law?

by D. Matthew Allen | Carlton Fields on 1/25/2013

The Florida Supreme Court issued in intriguing opinion in Soper v. Tire Kingdom, Inc., No. SC11-1462, which provokes questions about the trajectory of Florida class action law. In Tire Kingdom, the court reversed and...more

Class Decertification, Case Law Update – Campbell v. First American Title Insurance Company

by Schecter Law on 1/14/2013

A class action is a lawsuit where one or members of a class may sue or be sued as representative parties on behalf of all members. The class action must have the characteristics of commonality, adequacy, numerosity, and...more

Developments in Law, Factual Discovery Lead Federal Judge to Decertify Class Action

by Jennifer M. Keas | Foley & Lardner LLP on 12/24/2012

In Campbell v. First American, a federal judge in Maine has issued a ruling decertifying a class action involving claims that First American Title Insurance Co. overcharged refinance customers for their title insurance....more

California District Court Awaits Class Certification Motion in Wal-Mart

by Casie Collignon | BakerHostetler on 12/18/2012

On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not permitting certification of a...more

Eastern District Refuses To Rely On Dukes To Kill Class Claims At Pleadings Stage Of Sex Bias Lawsuit

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Calibuso, et al. v. Bank of America Corp., et al., No. 10-CV-1413(JFB)(ETB) (E.D.N.Y. Sept. 27, 2012, Bianco, J.): The plaintiffs, on behalf of a Rule 23 putative class of financial advisors, claimed that Bank of America’s...more

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Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend [Video]

Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns

Hannaford vs. comScore—Up and Down Results for Privacy Class Action Defendants

Did You Know…Class Certification Denied In Wang v. Chinese Daily News

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

Domino's Pizza Drivers Fail to Deliver Common Circumstances to the Eighth Circuit

Dukes Dooms Domino’s Delivery Drivers’ Class Action

The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

A “Sea Change” In Florida Law?

Class Decertification, Case Law Update – Campbell v. First American Title Insurance Company

Developments in Law, Factual Discovery Lead Federal Judge to Decertify Class Action

California District Court Awaits Class Certification Motion in Wal-Mart

Eastern District Refuses To Rely On Dukes To Kill Class Claims At Pleadings Stage Of Sex Bias Lawsuit

Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend [Video]

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